State of Louisiana v. Jimmie Dixon, Jr.

Louisiana Court of Appeal·Decided December 10, 2025·No. 2025-KA-0105·Published

Opinion

STATE OF LOUISIANA * NO. 2025-KA-0105

VERSUS * COURT OF APPEAL

JIMMIE DIXON, JR. * FOURTH CIRCUIT

*

STATE OF LOUISIANA

*******

APPEAL FROM

CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 551-347, SECTION “L”

Judge Angel Harris,

******

Judge Tiffany Gautier Chase ******

(Court composed of Judge Daniel L. Dysart, Judge Sandra Cabrina Jenkins, Judge Tiffany Gautier Chase)

Jason R. Williams DISTRICT ATTORNEY Brad Scott CHIEF OF APPEALS Zachary M. Phillips ASSISTANT DISTRICT ATTORNEY 619 S. White Street New Orleans, LA 70119

COUNSEL FOR STATE OF LOUISIANA/APPELLEE

Sherry Watters LOUISIANA APPELLATE PROJECT P. O. Box 58769 New Orleans, LA 70158

COUNSEL FOR DEFENDANT/APPELLANT

CONVICTIONS AND

SENTENCES AFFIRMED

DECEMBER 10, 2025

TGC DLD SCJ

Jimmie Dixon, Jr. (hereinafter “Defendant”) appeals his conviction and sentences for indecent behavior with a juvenile and sexual battery. After consideration of the record before this Court, and the applicable law, we affirm Defendant’s convictions and sentences for indecent behavior with a juvenile and sexual battery.

Facts Procedural History

In 2018, T.T. was an eighth-grade student at a school where Defendant was employed as the janitor.1 Defendant’s role at the school also included mentoring troubled students. In May 2018, T.T.’s mother dropped him off at Defendant’s residence for a visit, at which other young boys were also supposed to be present.

After T.T. did not answer his mother’s phone calls, she returned to Defendant’s residence to retrieve T.T. Upon her return, she discovered that no other children were present. She retrieved T.T. and they left Defendant’s residence.

In 2020, T.T.’s mother contacted the New Orleans Police Department and reported that her son recently divulged that he was molested in 2018 by Defendant.

1 In accordance with La. R.S. 46:1844(W)(1)(a), to keep confidential the identity of the person who was a minor at the time of the offense, initials have been used in place of a name.

After an investigation, Defendant was charged by bill of indictment with one count of indecent behavior with a juvenile, pursuant to La. R.S. 14:81, and one count of sexual battery, pursuant to La. R.S. 14:43.1. Defendant was arraigned and pled not guilty to both counts. A two-day jury trial commenced, at the conclusion of which the jury unanimously found Defendant guilty as charged on both counts.2 Defendant subsequently filed a motion for judgment notwithstanding the verdict, which the district court denied. The district court sentenced Defendant to seven years, at hard labor, for the indecent behavior with a juvenile conviction and ten years, at hard labor, for the sexual battery conviction—each count to run concurrently. This appeal followed.

Relevant Trial Testimony

The following testimony was adduced at Defendant’s trial:

Victim’s Mother T.T.’s mother testified that when she and T.T. arrived at Defendant’s residence, no other children were present and Defendant advised that the other young boys were en route. She told T.T. to call her if no other children arrived. Upon arriving at her next destination, she attempted to call T.T. numerous times to no avail. Since he was not answering his phone, she returned to Defendant’s residence where she observed T.T. and Defendant walking down the street, holding hands, returning from getting food. She testified that she was angry about the situation and ordered T.T. to get in the car. She stated that T.T.’s behavior significantly changed after this day and a couple of years later he ran away from home. She testified that once she located him, T.T. told her about an incident with Defendant. T.T. told her that Defendant played pornographic material on the 2 Defendant’s trial consisted of a six-person jury.

television, undressed and began to masturbate in front of him. T.T. said that the Defendant coerced him into undressing and also masturbating. She testified that T.T. told her that Defendant placed T.T.’s hand on his penis and that Defendant placed his hand on T.T.’s penis. After ejaculating, Defendant went to the restroom and the two left his house to get food.3 T.T.

T.T. testified that he was an eighth grader in 2018 and attended the school where Defendant was employed as a janitor. When children would exhibit disciplinary problems, the school would have them work alongside Defendant and complete janitorial duties. T.T. testified that Defendant asked him to obtain permission from his mother to visit Defendant at his residence. T.T. was under the impression other young boys would be at Defendant’s residence but, upon arrival, no other children were present. After being dropped off, T.T.’s mother advised him to call her if no other children arrived. T.T. stated that Defendant mirrored pornographic material from his cellular phone onto the television, began to masturbate and coerced T.T. to do the same. T.T. further testified that Defendant placed T.T.’s hand on Defendant’s penis, placed Defendant’s hand on T.T.’s penis and ejaculated. T.T. and Defendant then left the house and walked to get Chinese food. Upon their return, he saw his mother’s car, went back into the residence to obtain his cellular phone and left. T.T. testified that, approximately two years later, he saw Defendant at a school alumni picnic. Defendant inquired as to whether T.T.

3 In his brief to this Court, Defendant references a pending civil lawsuit against himself and the

Orleans Parish School Board, filed by T.T. and his mother. At trial, both T.T. and his mother acknowledged participating in a deposition regarding a separate related case. While defense counsel did not attempt to introduce the deposition testimony or proffer it for review, he was allowed to question T.T. and his mother about any inconsistencies between their trial and deposition testimony.

told anyone about the incident and asked T.T. why he had not maintained contact. In 2020, T.T. reported the incident to his mother, after running away from home, and later provided a statement to the police after they were contacted by his mother. T.T. conducted an interview with the New Orleans Advocacy Center detailing the incident.

Maria Isabella Pontoriero Maria Isabella Pontoriero (hereinafter “Ms. Pontoriero”), formerly employed with the New Orleans Children’s Advocacy Center, was qualified as an expert in conducting forensic interviews. Ms. Pontoriero explained that it was not the purpose of her interview to determine whether T.T. was truthful about the allegations. She testified that forensic interviews are conducted with a victim in order to obtain information for investigation purposes. Ms. Pontoriero explained that delayed disclosure about abuse is common and asserted that T.T.’s statements were consistent with a child being groomed by an adult. She noted that, during the interview, T.T. recounted several different instances of abuse by different people, which occurs when a victim recounts a present allegation of abuse. The jury watched the video of T.T.’s interview with Ms. Pontoriero.

Defendant Defendant testified that he knew T.T. from the school where he was employed as a janitor. He stated that his residence was near the school and students would visit his home after school for snacks. Defendant denied the allegations asserted by T.T. and stated that they listened to the radio and talked for a while, after which they walked to get Chinese food. Defendant denied telling T.T.’s mother that other boys would be present on the day she dropped T.T. off at his

residence. He testified that he kept in contact with T.T. for approximately one year after the day T.T. was at his residence.

Discussion

Defendant asserts three assignments of error:

1. The State failed to prove the defendant was guilty of indecent behavior with a juvenile and sexual battery beyond a reasonable doubt;

2. The district court erred in prohibiting the defense from using impeachment, res gestae and other non-hearsay evidence, including direct testimony, text messages and a stay away order, and curtailing cross-

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